SELECTED CASE LAW
ALBERTA:
In 2008 ABQB 767, Mr. K, a bus driver for disabled people, was charged with sexual assault causing bodily harm and sexual exploitation of a person with disability. The complainant Ms. L, a 40-year-old woman with cerebral palsy, met Mr. K when he picked her up for transportation purposes. There were significant differences in their testimony, but Mr. K obtained Ms. L’s telephone number prior to dropping her off at her home. He later returned to her residence and proceeded to sexually assault her, leading to bruising, cuts and tearing of her genitals. Mr. K was found guilty of sexual assault causing bodily injury but was acquitted of exploiting a person with a disability. The court held that although Mr. K was considered in a position of trust in his position of employment as a bus driver for disabled people (noting that disabled people rely on this form of transportation and should expect not to be victimized by the person driving their main form of transportation) the assault did not happen on the bus and the entire interactions between Mr. K and Ms. L lasted over a few days, so a relationship of dependency had not been established.
We could not locate a sentencing decision for this case.
Criminal Offence(s): Sexual Exploitation of a Person with a Disability